An ORS 190 is generally used among governments who are forming a relationship to fund or administer specific projects. In some ways they are not good when used to develop systems that voters have resisted with an unpopular project and yet the government agencies can use these agreements to move ahead on projects without voter approval. But there is also a good side to the agreements when trying to fight bigger, more powerful government agencies who just won’t listen to their constituents. It’s what we used it to stop Salem Mass Transit from encroaching into our rural area.
You don’t need to create a non-profit to form an ORS 190, but if you already have a non-profit I believe it could be a member at the table. You need two or more entities to form the 190. We went to each small town and met with the city council and they agreed, by ordinance, to sign onto the 190. The 190 agreement has to be written out and reads much like the corporate papers filed for private business. They have the mission statement, what the agreement is established for, if there is funding what kind and how it’s managed, and much more. You could probably get hold of a copy from one of your local council members who may have a draft on file.
The benefit for you in the Coos County area is by forming an agreement among many small towns you increase your legal abilities to fight off other government intrusions. And if you can get four or five small cities/governments to sign on, then odds are you may have a chance to get the county commissioners to sign on as well. And the good news is that even though Coquille has a larger population, they’d only have one vote at the table maximizing the voices of the smaller population area. Whatever you do, don’t agree to consensus agreements in this arena, it must be a majority vote with each government entity, regardless of size, having equal power.
I’ll look around to see if I can find an agreement we used because there was a lot of effort that we put into the wording of the agreement when it came time enter talks with Salem Mass Transit. And actually how we structured that agreement is we formed another 190 so that our rural 190 as a whole signed an agreement with Salem Mass Transit which formed a second 190. We did that so that they couldn’t become a member with the individual towns and then try to destroy the rural agreement, which they did try but we stopped them.
Thanks for following up.
How would this work? Do we create non-profit organizations and the go to our cities and counties
and estrablish agreements, or do we get our local cities or counties to create these intergovernmental entities?
On 7/18/2012 4:27 PM,
Karla Davenport wrote:
Hi Bob and Bonnie,
I wanted to follow up from Saturday’s conversation about the Intergovernmental Agreements instituted by ORS 190. As I explained we used this to offset Salem Mass Transit of building a huge transit system modeled after TriMet in Portland. What I’m wondering if there’s a way to unit small towns and special districts in your areas that would be able to raise funds, get government grants, etc., for studies (we have many scientists who do not agree with the science used by these environmental groups), purchase property to be protected in certain areas for grazing, etc. I
mean there may be a whole lists of creative ideas that small rural areas can develop that will protect their constituents. It’s not perfect, but it’s a possibility.
Read through and if it is of interest we can go from there. Karla
http://www.oregonlaws.org/ors/190.080 190.080¹ Powers of intergovernmental entity created by intergovernmental
·• debts of entity
·• procedure for distribution of assets
(1) An intergovernmental entity created by an intergovernmental agreement under ORS 190.010 (Authority of local governments to make intergovernmental agreement) may, according to the terms of the agreement:
(a) Issue revenue bonds under ORS chapter 287A or enter into financing agreements authorized under
ORS 271.390 (Lease or purchase of real estate by public body or council of governments) to accomplish
the public purposes of the parties to the agreement, if after a public hearing the governing body of each of the units of local government that are parties to the agreement approves, by resolution or order, the issuance of the revenue bonds or entering into the financing agreement;
(b) Enter into agreements with vendors, trustees or escrow agents for the installment purchase or lease, with option to purchase, of real or personal property if the period of time allowed for payment under an agreement does not exceed 20 years; and
(c) Adopt all rules necessary to carry out its powers and duties under the intergovernmental agreement.
(2) Except as provided in ORS
190.083 (County agreements for transportation facilities), an intergovernmental entity may not levy
taxes or issue general obligation bonds.
(3) The debts, liabilities and obligations of an intergovernmental entity shall be, jointly and severally, the debts, liabilities and obligations of the parties to the intergovernmental agreement that created the entity, unless the
agreement specifically provides otherwise.
(4) A party to an intergovernmental agreement creating an intergovernmental entity may assume responsibility for specific debts, liabilities or obligations of the intergovernmental entity.
(5) Any moneys collected by or credited to an intergovernmental entity shall not accrue to the benefit of private persons. Upon dissolution of the entity, title to all assets of the intergovernmental entity shall vest in the parties to the
intergovernmental agreement. The agreement creating the entity shall provide a procedure for:
(a) The disposition, division and distribution of any assets acquired by the intergovernmental entity; and
(b) The assumption of any outstanding indebtedness or other liabilities of the entity by the
parties to the intergovernmental agreement that created the entity.
(6) An intergovernmental entity created by intergovernmental agreement under ORS 190.010 (Authority of local governments to make intergovernmental agreement) may be terminated at any time by unanimous vote of all the parties to the intergovernmental agreement or as provided by the terms of the agreement. [1991 c.583 §4;
2001 c.840 §3; 2003 c.195 §7; 2007c.783 §71]
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